Rules by Director of Public Works. In addition to the rules and regulations
contained in this Chapter for the construction, use and maintenance
of streets, alleys, sidewalks, boulevards, parkways, parks and other
public places, the Director of Public Works shall prepare, promulgate
and enforce such other rules, regulations and conditions, not inconsistent
with this Chapter, as may be deemed useful for the preservation of
streets, alleys, sidewalks, boulevards, parkways, parks, other public
places, public buildings and all other Departments under the control
of the Director.

All Permits to be Kept on Job. It shall be the duty of every person,
firm, corporation, their agent or employee, to whom a permit is issued
under the provisions of this Chapter, to keep at all times said permit
on the premises referred to in said permit and the holder of said
permit, his agent or employee, shall show said permit upon demand
to any Police Officer or authorized representative of the Public Works
Department.

With regard to the following classes of public construction or any
part thereof, the estimated cost of which does not exceed ten thousand
dollars ($10,000), the Board of Public Works may procure all materials
and furnish the labor and equipment for such construction and without
submitting the same for bids:

If the estimated cost of any public construction done pursuant to
this section exceeds five thousand dollars ($5,000), but is not greater
than ten thousand dollars ($10,000), the Board of Public Works shall
give a Class 1 Notice, under Chapter 985 of the Wisconsin Statutes,
of the proposed construction before the contract for the construction
is executed.

Whenever any public construction shall be done, pursuant to this
section, the Board of Public Works shall keep an accurate account
of the cost thereof, including the necessary overhead expense. Upon
the completion of such work, said Board shall make a complete report
thereof to the Council stating in detail the items of cost and the
total cost of doing such work. The City Clerk shall publish such report
as a part of the proceeding of the Council.

Grades. The Common Council shall establish the grades of the streets
and alleys in the City of West Allis, and such grades shall be kept
on file in the office of the City Engineer. No street or alley shall
be worked until the grade thereof is established.

Cutting or Altering. No person, firm or corporation shall excavate,
open, remove, cut into or in any other manner change any public sidewalk,
curb, street or alley without obtaining a permit to do so from the
City Engineer. This section is intended to cover all territory beyond
the front lot line.

Any person who petitions or requests the Common Council for
discontinuance of the whole or any part of any road, street or alley
in the City, pursuant to sec. 66.296 of the Wisconsin Statutes, shall
accompany said petition or request with a nonrefundable fee payable
to the City to defray administrative costs in connection with the
proposed discontinuance. The fee shall be as provided in sec. 11.18
of this Chapter.

Permit Required. No person, firm or corporation shall make any
excavation in any public street, alley or sidewalk, between front
lot lines, for any purpose whatsoever, unless a permit shall first
be secured from the City Engineer, and the holder of the permit shall
not be allowed to excavate in more than two-thirds (2/3) of the public
street between the curb lines or not more than one-third (1/3) of
the width of any alley, and shall at all times kept the street, alley
or sidewalk open to traffic. Erosion control regulations, as approved
by the Common Council, shall apply to all permits.

The provisions of Section 11.07, including, but not limited
to, license, bonding and insurance requirements, are hereby adopted
by reference and shall be complied with in work performed under this
section, insofar as applicable.

Fees and Deposits. A deposit shall be made for any excavation, in
an amount to be determined by the City Engineer, which shall be commensurate
with the cost of restoring the street, sidewalk or alley to its original
condition.

The deposit, or any portion thereof, shall not be refunded until
after a period of six (6) months following the restoration of the
street, sidewalk or alley to its original condition on any semi-improved
street, sidewalk or alley; and, shall not be refunded until after
a period of one year following the restoration of the street, sidewalk
or alley to its original condition on any permanently improved street,
sidewalk or alley; and, then and thereafter, only that portion of
the deposit exceeding the expenses incurred by the City of West Allis
for said restoration shall be refunded.

Any public service corporation, regulated under Chapter 196
of the Wisconsin Statutes, shall be exempt from the provisions of
this subsection requiring the payment of fees and deposits, but as
a condition of accepting a permit shall save harmless the City and
its officers and agents from all and any claims for injury to person
or property for acts on the part of any such company, its agents,
employees or subcontractors arising from the construction for which
the permit was issued.

Work to be Done Promptly. When it is necessary to open any street,
sidewalk or alley for the purpose of laying gas, water, sewer or other
pipes, or for the installation of conduit for carrying electric light,
telegraph, telephone or other wires or pipes, or for making water,
gas, sewer, steam or other service connections, the holder of such
permit shall perform the work promptly without unnecessary delay in
a workmanlike manner.

[Ord. 6204, 12/5/1995]

Excavated and surplus materials may not be placed on the surface
of any street, sidewalk or alley, but must be loaded directly on a
vehicle from the excavation for immediate removal from the site.

Upon completion of said work, the restoration of the street,
sidewalk or alley to its original condition shall be done under the
direction of the City Engineer directly by the City, or he may, in
his judgment, permit the holder of the permit to make said restoration.

All work shall be done in a good workmanlike manner to the satisfaction
of the City Engineer.

The holder of said permit shall be responsible for the excavation
and replacement and restoration of the street, alley or sidewalk to
its original condition. The excavation shall be maintained in a safe
and passable condition for all traffic until the street, alley or
sidewalk is restored.

Generally. In making excavations for trenches in streets or
alleys paved with a pavement laid on a concrete foundation, the opening
in the pavement and foundation must be at least sixteen (16) inches
larger in all directions than the size of the trench to be excavated,
so that there may be a shoulder of solid earth eight (8) inches in
width on all sides of the opening to support the new concrete foundation.
Should the sides of the trench cave in during the progress of the
work, an additional amount of pavement must be broken out so that
the eight (8) inch shoulder may be maintained. Cuts in unimproved
streets need only be made the same size as the proposed trench.

Exposing Existing Pipes. During the making of the excavation
where foreign pipes are encountered, the work shall be conducted so
as not to disturb the same and where support is needed they must be
supported securely in place by vertical props from the bottom of the
ditch, one for every four (4) feet undermined, or such additional
supports as may be required by the City Engineer. These props must
not be less than two (2) inches by three (3) inches in cross section
and have their lower ends on blocking solidly bedded on the undisturbed
bottom of the trench or on any concrete or other permanent structure
in the trench. In backfilling the trench, the props shall be undisturbed
and left in place after back filling has been completed.

The trench must be backfilled with sand, gravel or other material
approved by the City Engineer and all backfill material must be free
of hard lumps of clay or other material which must be considered as
stones and will be rejected when over five (5) inches in diameter.
Material under the pipe may be settled by tamping or by flushing with
water. Materials must be carefully puddled during the process of flushing.

After the backfilling under and around the pipe has been completed,
the remainder of the trench must then be backfilled, to a point eighteen
(18) inches below the level of the finished surface of the street.
The backfilling shall be thoroughly flushed and carefully puddled
as it is being filled. When the filling is flushed and puddled, it
shall remain for a period of at least three (3) days and until it
is thoroughly dried out, or as much longer as may be required by the
City Engineer to have a solid fill.

After the backfilling has thoroughly settled and dried out,
the top eighteen (18) inches shall be filled with dry material and
thoroughly tamped up to the bottom of the pavement or to the surface
of the road on unimproved streets. This dry material shall consist
of gravel containing not less than forty percent (40%) of crushed
stone screenings. This material shall be thoroughly tamped in layers
not exceeding six (6) inches in thickness. If it is possible to do
so, the tamping will be omitted and in lieu thereof the eighteen (18)
inches of dry filling shall be consolidated with a heavy roller giving
a compression of not less than three hundred fifty (350) pounds per
lineal inch width of the heaviest roll.

Replacing Concrete Foundation. The minimum thickness of the new concrete
over the backfilled trench shall be eight (8) inches for trenches
up to twenty-four (24) inches in net width of earth excavation. For
all trenches of greater width, concrete shall be replaced to a depth
of twelve (12) inches over full width of trench, including the eight
(8) inch extensions required herein. The new concrete foundation shall
be properly mixed in the proportion of one part of cement, two (2)
parts of sand, and four (4) parts of stone, said sand and stone to
be screened and washed and free from dirt and other impurities.

Replacing Surface. The surface pavement shall be replaced using new
materials as necessary to restore the surface as nearly as possible
to its original condition. Asphalt shall be removed carefully in large
slabs and temporary repairs may be made by cementing the slabs back
in place until permanent repairs are made by the City, in accordance
with City specifications for such work. All refuse and excess dirt
and materials shall be removed from the street surface as the work
progresses or immediately upon its completion.

Notice to City Engineer. Every person making application for a permit
to excavate in any street, sidewalk or alley shall give the City Engineer
twenty-four (24) hours notice, in writing, of the time when he is
to backfill the excavation in any street, sidewalk or alley and the
location thereof.

[Ord. 6204, 12/5/1995]

The holder of said permit shall be responsible for the maintenance
of said excavation and shall further maintain same in a safe and passable
condition for all traffic until the street, sidewalk or alley is restored
to its original condition.

When the holder of said permit fails to safely maintain said
excavation in any street, sidewalk or alley, then the same shall be
maintained and made safe and passable by the City Engineer and the
expense thereof charged to the holder of said permit. When excavations
and cuts in streets, sidewalks or alley are restored by the City Engineer,
the expense thereof shall be charged to the holder of said permit.

Liability of Contractor; Barriers. The person or persons to whom
a street permit is issued shall assume all liability and responsibility
for any and all damages in any manner resulting from such use of said
street, alley or sidewalk, and shall, at all times, erect, place and
maintain, to the satisfaction of the City Engineer, suitable and proper
barriers about and around such excavation of building material, and
sufficient lights shall be displayed and maintained during the whole
of every night at each excavation, pile of material, fence or other
obstruction on any public street, alley or sidewalk, so that the same
will be in full view of the public, and placed in such a manner as
will effectually safeguard the same against accidents happening or
resulting in any manner therefrom. Such person or persons shall indemnify
and keep the City of West Allis free and harmless from any claim or
damages of any nature whatsoever by reason of the negligence or carelessness
of such person or persons, their agent or employee.

Duty of Contractor; Warning Lights. It shall be the duty of every
person who may receive a contract for the grading, filling, paving
and laying of sidewalk, sewer, water mains or doing any repairing
or improvement of any street, alley or sidewalk and of every person
who shall be engaged in the above named work to remove all dirt or
other obstacles deposited by them on any sidewalk, street or alley
each day before discontinuing their work and to keep such sidewalk,
street or alley during the progress of such work at all times reasonably
passable and safe, and that proper guards and barriers are at all
times maintained on and about the said work, and that proper warnings
and signals are at all times displayed, and that from one-half (1/2)
hour after sundown to one-half (1/2) hour before sunrise proper and
sufficient lights be placed in and about the said work to give proper
warning of its condition to all persons entitled to use the said street,
alley or sidewalk.

Preventing Use of Streets, Alleys and Sidewalks. Subject to the provisions
of Section 7.10(3) of this Code, no person, firm or corporation shall
obstruct or impede the free use of or travel upon any part of any
street, alley, sidewalk or crosswalk in the City with any carriage,
wagon, automobile, truck, sand, gravel, dirt, debris or other article
or material whatsoever, and any person who shall violate the provisions
of this section shall assume all liability and responsibility for
any and all damages which may be sustained by any person or persons
by reason of such violation of this section. The Director of Public
Works is authorized to order the immediate removal of such article
or obstruction and, upon any refusal or neglect so to do, to cause
the same to be removed, and the expense of such removal shall be paid
by the person or persons responsible for each obstruction.

Destroying and Disobeying Barrier Signs. It shall be unlawful for
any person, without proper authority, to remove, throw down or cause
to be removed or thrown down, any barrier or barricade or any part
thereof, or to remove, put out or destroy, or turn out or tamper with,
or cause to be removed, put out or destroyed, or turned out or tampered
with, any lamp or light, or in any other manner whatsoever, tamper
with or molest any lamp or light, barrier or barricade erected or
put up in or upon any public ground or public street, and it shall
be unlawful for any person to drive by any barrier or barricade erected
in any public place or highway by the Director of Public Works, or
his authorized agents, or by any other person duly authorized to erect
such barrier or barricade, or in any other manner whatsoever, to enter
upon any barricaded public place or street, unless he shall first
secure a written permit therefor from the Director of Public Works,
and, in such case, the barricade shall immediately be replaced.

Injuring Trees and Shrubs. No person shall place or maintain upon
the ground in a public street, stone, cement, lumber or other substance
or material which shall impede the free passage of water and air to
any tree or shrub in such street without leaving an open space of
ground outside the trunk of said tree or the base of said shrub of
an area not less than sixteen (16) square feet. Before depositing
any such materials in any street of the City near to trees or shrubs
therein, the person so depositing said materials shall place such
guards around the trees and shrubs as shall effectually prevent injury
to them.

Obstructions of Street and Alleys; Branches and Shrubbery. No owner
or occupant of any land or real property fronting or abutting on any
of the streets or alleys of this City shall suffer or permit any limbs,
branches or other part of any tree, shrub or bush to project over
any street or alley in the City, unless any such branch or bush so
projecting be higher than thirteen (13) feet from the surface of the
street or alley.

Permit Required. No person, firm or corporation shall erect,
install or maintain any pennant, light, wreath, figure, advertising
display or similar street decoration of the type commonly used in
commercial shopping areas during the Christmas season and other similar
periods without having first obtained a permit therefor, as herein
provided, and in accordance with the terms of this subsection.

Safety Requirements. All street decorations must be securely
fastened and otherwise safely erected or installed so as not to constitute
a danger to person or property. They shall be placed at such height,
at such locations and in accordance with other safeguards and requirements,
as are provided in the permit.

Bond. Each permittee shall file a bond with the Director of
Public Works in the amount of one thousand dollars ($1,000), conditioned
to indemnify the City for the cost of removing the street decorations,
as hereinafter provided.

Liability Insurance. Each permittee shall file proof of liability
coverage with the Director of Public Works in the amounts of $50,000-$100,000-$10,000,
written by an insurance company licensed to do business in Wisconsin.
The policy shall provide for contractual liability coverage for the
following indemnity agreement:

"The permittee agrees to indemnify and hold harmless the City
from any loss or damage or liability which may result from the issuance
of this permit, or from the erection, installation or maintenance
of the said street decorations, arising from any cause whatsoever."

Removal. The Director of Public Works may remove the street
decorations upon revocation of a permit or seventy-two (72) hours
after the expiration of a permit, and may charge the complete expense
of such removal to the permit holder and his bonding company. The
amount of the expense, as certified by the Director of Public Works,
shall be conclusive.

Purpose. The purpose of the following is to promote the public health,
safety and welfare through the regulation of placement, appearance,
servicing and insuring of newspaper distribution boxes on public rights-of-way
so as to:

Restrict unreasonable interference with the flow of pedestrian
or vehicular traffic, including ingress or egress from any residence
or place of business, or from the street to the sidewalk by persons
entering or exiting parked or standing vehicles;

Provide reasonable access for the use and maintenance of sidewalks,
poles, posts, traffic signs or signals, benches, hydrants, mailboxes
and access to locations used for public transportation purposes;

Relocate and/or replace newspaper distribution boxes which result
in a visual blight and/or excessive space allocation on the public
rights-of-way or which unreasonably detract from the aesthetics of
store window displays, adjacent landscaping and other improvements,
as well as to have abandoned newspaper distribution boxes removed;

"Newspaper Distribution Box" shall mean any type of unmanned
device for the vending or free distribution of newspapers, news periodicals
or written materials, including circulars, pamphlets, papers, booklets
and any other printed or otherwise reproduced written material which
advertises for sale any merchandise, product, commodity or thing or
which attracts attention to any business, commercial establishment
or other activity for the purpose of directly promoting the interest
thereof by sales, private gain or profit.

"Public Right-of-Way" means all of the area dedicated to public
use existing between property lines adjacent thereto and is intended
to include, but not limited to, roadways, streets, parkways, alleys
and sidewalks.

"Block" means both sides of any street in a public right-of-way
which exists between two consecutive intersecting streets and is intended
to include, but not limited to, the roadways, streets, parkways, alleys
and sidewalks within that right-of-way.

Site plan showing exact location of each newspaper distribution
box and supporting or enclosing structure, including installation
and maintenance, and sufficient information to determine that said
location complies with the provisions of this article.

A finding made by the Director of Public Works whether an applicant
is in compliance with the provisions of this article will be made
within five (5) working days of the City's receipt of the completed
application.

If such application is approved by the Department of Public
Works, the permit shall be issued upon payment of fees by the applicant
in the amount of thirty dollars ($30.00) per box per year for a new
installation, and twenty-five dollars ($25.00) per box per year for
a renewal. Additional locations may be added to such permit during
the permit year, upon approval of the Department of Public Works and
payment of the required fees.

Bond. No permit shall be issued until the applicant files a bond
in the amount of ten thousand dollars ($10,000.00) running to the
City and to such parties as may be injured because of installation
or maintenance of such newspaper distribution boxes within the public
right-of-way or upon City property. There shall be one bond per applicant.

It shall be a further condition of any such permit that the
City shall not be responsible for any damage to such box or boxes
because of snowplowing or removal operations or any other municipal
maintenance function.

The holder of any such permit shall be entitled to no damages
for the removal of any such newspaper distribution box and, if such
holder shall not remove the same upon due notice, it shall be removed
by the City at the holder's expense.

In any one block, there shall be no more than twenty-four (24)
newspaper distribution boxes of which no more than four (4) newspaper
distribution boxes dispensing any one publication. There shall be
no more than twelve (12) newspaper distribution boxes of which no
more than two (2) newspaper distribution boxes dispensing any one
publication on one side of any street between two intersecting streets.

Newspaper distribution boxes between intersecting streets may
be placed together in groups consisting of one to eight (1 to 8) newspaper
distribution boxes. Each group shall be separated by a distance not
less than one hundred (100) feet. Each newspaper distribution box
within a group shall be separated no more than two (2) feet from each
other.

Newspaper distribution boxes shall be placed parallel to and
not less than twelve (12) inches nor more than twenty-four (24) inches
from the face of the curb. Newspaper distribution boxes placed near
the wall of a building must be placed parallel to and not more than
six (6) inches from the wall.

The name, address and telephone number of a person responsible
for the newspaper distribution box who may be contacted at any time
concerning such box shall be displayed on the hood of the box in such
a manner as to be readily visible and readable to a prospective customer
thereof. Any newspaper distribution box stand without the necessary
identifying information, shall be immediately removed.

Upon determination by the Director of Public Works, or the Director's
designee, that a newspaper distribution box has been installed, used
or maintained in violation of the provisions of this section, an order
to correct the offending condition shall be issued by posting a copy
upon the newspaper distribution box itself and mailing a copy of the
order by certified mail to the owner or owner's representative.
The order shall specifically describe the offending condition and
provide information on the right to appeal. Within fifteen (15) days
of the issuance of the order, the owner shall:

If after fifteen (15) days the owner of the newspaper distribution
box has not taken any action as prescribed within this section, the
offending newspaper distribution box may be removed from the public
right-of-way. Notice shall be sent to the owner or owner's representative
advising that the newspaper distribution box has been removed and
that a fee for this removal shall be assessed against the owner of
each newspaper distribution box removed by the City under this section.

Upon determination by the Director of Public Works, or the Director's designee, that a newspaper distribution box has been installed, used, or maintained in violation of the provisions of this section, and such conditions constitute a great and immediate danger to the public health and safety, the same shall be considered a public nuisance and shall be abated as such pursuant to Chapter 18 of the West Allis Revised Municipal Code.

Permit Required. No person, firm, corporation, their agent or employee,
shall occupy any portion of any public street or alley, between front
lot lines, in the City by depositing building or other material on
a public street or alley, without first having obtained a street permit
for the temporary occupancy of a part of the public street or alley,
from the Director of Public Works.

Permit Fee. In addition to the fee herein required, a depository
bond, in currency, in an amount to be determined by the Director of
Public Works, which shall be commensurate with the cost of restoring
the street, alley or sidewalk to its original condition, must accompany
each application. The amount of the bond to remain with the Director
of Public Works until he is satisfied that the street, alley or sidewalk,
has been placed in the condition to which it was prior to the granting
of the permit. If within five (5) days after the permit expires, the
street, alley or sidewalk is not restored to its proper condition,
any or all of the depository bond may be used by the Director in putting
the street, alley or sidewalk in condition, and the balance, if any,
shall be returned to the holder of the permit upon application being
made to the Director.

Limits of Street Use. Any temporary occupancy, when between the curb
lines, shall not cover more than one-third (1/3) of the public street
and in no case more than thirty (30) feet in width in total, or not
more than one-third (1/3) of the width of any alley; and, in case
there are any railway tracks on the street, no building material,
fence or edge of a temporary walk shall be nearer than one-half (1/2)
the distance between the curbing and the nearest rail of such track,
but in no case nearer such rail than four (4) feet.

The permission granted herein to occupy a public street or alley
is extended for use in connection with the actual erection, alteration,
repair or removal of structures, construction of concrete sidewalks,
etc., and shall permit the holder of a permit to use only that portion
of the public street in front of the premises of the structure or
concrete sidewalk, etc., in process of construction and not extending
beyond the continuation of the lot lines.

Sidewalk to be Kept Open. The holder of any street permit shall not
interrupt the sidewalk traffic but shall at all times keep open and
unobstructed a sidewalk of not less than four (4) feet in width. The
sidewalk may be crossed by a driveway to give access to the building
site, but any damage that may be done to the sidewalk shall be repaired
by the person to whom the permit is issued; and, the sidewalk shall
be restored to as good a condition as it was before the permit was
issued.

When a building is being constructed or reconstructed, and it
shall be necessary to obstruct any sidewalk, or portion thereof, then
a sidewalk shall be built temporarily around such obstructed sidewalk,
said sidewalk to be not less than four (4) feet wide, and to be perfectly
on the level and its approach to be not on a greater slant than one
(1) inch per foot and to be built of good substantial material.

Disposal of Earth and Rubbish. Earth taken from excavations and rubbish
from buildings shall not be stored upon the sidewalks or streets or
alleys but must be loaded directly on a vehicle for immediate removal
from the site. Where such materials are dry and apt to produce dust
when handled, they shall be kept moist to prevent dust. Building rubbish
accumulation on upper floors shall be lowered by elevators or some
similar device approved by the Building Inspector in closed receptacles
or by closed chutes connected directly to vehicles.

Sheds, Fences, Guy Wires. On the portion of such public streets or
alleys for which a permit has been granted, building material may
be stored or used and temporary sheds or fences may be erected for
use in connection with the building operations, in such manner as
to protect the public. No guy lines shall be less than fifteen (15)
feet above the road bed outside of the confines of the street permit.
No materials, fence or shed shall be placed in any way that will obstruct
free approach to any fire hydrant, street light or public utility
poles, manhole, catch basin, fire or police alarm box or any similar
operation of the street or alley designated for a particular purpose
and to which ready access at all times is necessary. No obstruction
shall be placed so that there will be interference with the passage
of water in the gutter.

Spilling Sand, Gravel, etc. It shall be unlawful for any person,
firm or corporation to carry or transport sand, gravel or other material
of any kind whatsoever within the City in a wagon or other vehicle
of any kind, unless the same shall be securely closed to prevent the
contents thereof from falling or being scattered on the street or
alley during its transportation.

Barricades, Lights, Indemnity. The person or persons to whom a street
permit is issued shall assume all liability and responsibility for
any and all damage in any manner resulting from such use of said street,
and shall, at all times erect, place and maintain, to the satisfaction
of the Director of Public Works, suitable and proper barriers about
and around such excavation or building material, and sufficient lights
shall be displayed and maintained during the whole of every night
at each excavation, pile of material, fence or other obstruction on
any public street or alley so that the same will be in full view of
the public, and in such a manner as will effectually safeguard the
same against accidents happening or resulting in any manner therefrom.
Such person or persons shall indemnify and keep the City of West Allis
free and harmless from any claim or damages of any nature whatsoever
by reason of the negligence or carelessness of such person or persons,
their agents or employees.

Final Clean-Up of Area. Upon the termination of the building operations,
the street permit shall cease to exist and all parts of the public
street or alley occupied under the permit shall be vacated, cleaned
of rubbish or any obstruction, and placed in a safe condition for
public travel. All costs, charges and expenses through lawsuits, or
cost of restoring the street, alley or sidewalk to its original condition
shall be chargeable to the one receiving the permit.

No person shall operate a vehicle within the City that litters,
spills, dumps, blows, or in any way deposits its contents onto any
City street, alley, gutter, sidewalk, or public place. This prohibition
includes debris or materials that are deposited on any City street,
alley, gutter, sidewalk, or public place by the tires or wheels of
a vehicle. Contents include but are not limited to construction debris,
mud, dirt, rocks, sand, gravel, sticky substances, liquid, noxious
materials, foreign matter of any kind, or any debris that may cause
damage to other vehicles, pedestrians, or public place.

In the event of continuing deliveries to or hauling from a premises
or site which activity creates litter and which activity is continuous
for the greater part of a working day (8 a.m. to 5 p.m.), special
permission may be granted to remove such litter as may be deposited
on the streets immediately adjacent to the premises or site after
the end of the working day, but in no event later than 6 p.m. Under
this subsection, the general contractor, if the litter is caused by
building or construction work, or other waste, the owner of the premises
or site to which or from which the hauling is done, shall be responsible
for cleaning up any and all litter.

All persons, firms and corporations being the owners of or in
possession of property, the level of which is higher than the abutting
public walk, shall use and maintain such property in a manner which
will prevent dirt, mud and other foreign substances from being deposited
on the public sidewalk.

Any person violating the provisions of this section shall be
subject to the penalties provided and, in addition, shall pay all
expenses of removal of litter carried onto or deposited in any street,
alley or other public place.

Permit Required. No power shovel, concrete mixer, sewer digger, trench
machine, tractor with caterpillar type tracks with or without lugs
or cleats, nor any similar machine having caterpillar type tracks,
lugged wheels, flanged wheels, metal disk wheels, metal bevelled wheels
or wheels of any type, other than pneumatic rubber tired wheels, except
a road roller, shall be driven or operated or moved in any manner
upon any street, alley, crosswalk, sidewalk or public place in the
City of West Allis, unless a permit shall first be secured from the
City Engineer.

Routes and Regulations. Such permit shall be issued only upon the
removal of any caterpillar type tracks, flanges, cleats, lugs or other
parts, which tend to damage streets, alleys, crosswalks, sidewalks
or public places, or upon the furnishing of planking or other protection
adequate, in the judgment of said City Engineer, to protect the said
street, alley, crosswalks, sidewalks or other public places. The City
Engineer shall specify in the permit the route to be taken, the parts
to be removed and the planking or protection to be rendered to the
streets and places previously enumerated, and it shall be unlawful
to deviate from said route or to drive or operate or move in any manner
said machinery, except as provided in said permit.

Overnight Safety Rules. Whenever it shall be necessary to leave or
park any power shovel, concrete mixer, sewer digger or other similar
machine in any public street or alley, between sunset and sunrise,
a street permit shall be obtained from the City Engineer by the owner
or operator of said machine and he shall further erect and maintain
proper barricades, warnings and lights, as provided in Section 11.04.

Construction and Repair. The provisions of the Wisconsin Statutes
relating to the construction, improvement and repair of sidewalks,
so far as applicable to the City, are hereby adopted by reference
thereto.

Uniform Specifications. Upon all streets which are improved
by grading, paving, macadamizing and curbing, there shall be laid
a standard sidewalk of stone or concrete in accordance with such specifications
as may be formulated by the Board of Public Works.

All new concrete sidewalks laid shall be constructed in accordance
with the standard specifications and regulations of the City of West
Allis covering construction of concrete sidewalks.

Concrete. Concrete is hereby designated as the standard material
for the construction of all new sidewalks on all streets in the City
of West Allis, excepting that the City Engineer may, whenever it is
impractical to lay a concrete walk on account of excessive cut or
fill which may be necessary on an unimproved street, allow such other
type of walk to be laid as he deems advisable.

Expansion Joints. No person, firm or corporation shall construct
a sidewalk on any street without providing a one (1) inch expansion
joint extending the full depth and width of adjacent concrete where
the sidewalk abuts the curb, and at both sides of concrete driveways.
Where long sidewalk pours are involved, the maximum distance between
expansion joints shall not exceed seventy-five (75) feet. Expansion
joint material shall also be furnished at all locations where the
sidewalk abuts a building or other fixed construction.

Expansion joint material shall be a non-extruding type of material
and shall conform to the requirements for "Bituminous Fiber Type"
expansion joint material, American Association of State Highway Officials
Designation M-59.

Application for License. Any person, firm or corporation engaged
in constructing, altering or repairing sidewalks made of concrete
or other like materials, shall, prior to entering into or engaging
in any such work, secure from the City Engineer, upon an application
duly made, a license authorizing such person, firm or corporation
to do such work.

Such application shall state the name and place of business
of the applicant and shall contain a statement agreeing to abide by
the regulations and specifications adopted by the Board of Public
Works, and to obey all ordinances of the City of West Allis in relation
to work of sidewalk construction. Said application shall also contain
a statement signed by two (2) reputable citizens, vouching for the
character, integrity and business capacity of the applicant.

Bond Required. Before receiving a license, the applicant shall
file, in the office of the City Engineer, a surety bond, to be approved
by the City Engineer in the sum of three thousand dollars ($3,000),
conditioned that for a period of one (1) year from the date of completion
of any work during the licensed year, said applicant or licensee shall
replace and restore to the specifications of the City Engineer the
sidewalk, driveway and/or street or other public ground, and shall
replace and restore any imperfect work which may be discovered by
the City Engineer within said one (1) year period.

License Fee, Term, Conditions. The term of a license shall be
one (1) year. The license shall expire one (1) year from and after
its date of issuance. The license fee set forth in Section 11.18 shall
be payable with the application and is non-refundable.

[Ord. 6204, 12/5/1995]

Each licensee shall record in the office of the City Engineer
the place of business and the name under which the business is transacted
and shall immediately notify the City Engineer of any change in this
information.

Construction Permit; Exemptions. No work of constructing, altering
or repairing sidewalks or any public street made of concrete, stone,
bituminous, gravel or other like materials shall be done without a
permit issued by the City Engineer.

[Ord. 6204, 12/5/1995]

Any public service corporation, regulated under Chapter 196
of the Wisconsin Statutes, shall be exempt from the provisions of
this subsection requiring the payment of fees, bonding and insurance;
but, as a condition of accepting a permit, shall save harmless the
City and its officers and agents from all and any claims for injury
to persons or property for acts on the part of any such company, its
agents, employees or contractors arising from the construction for
which the permit was issued.

Notifying Engineer. It shall be the duty of every person, firm,
corporation, their agent or employee, who shall construct any concrete
sidewalk in the City, to notify the City Engineer in writing, on blanks
furnished by the City, at least twenty-four (24) hours prior to the
commencement of said work, the purpose for which said sidewalk is
to be constructed and the place where said sidewalk is to be constructed.

Insurance Required. Before receiving a license, the applicant
shall file in the office of the City Engineer a Certificate of Liability
Insurance, to be approved by the City Engineer, in an amount of not
less than three hundred thousand dollars ($300,000) per claim occurrence
for any injury, loss, damage or liability which may result in any
manner from the issuance of the license. The City of West Allis shall
be named as an Additional Insured, as its interest may appear.

Inspection of Sidewalks Under Construction. It shall be the duty
of the City Engineer to inspect all sidewalks in the course of construction
either by the City or private owners, and it shall be his duty to
oversee said work and see that the specifications provided by the
City are complied with. The City Engineer shall have the power and
authority to reject any and all material that does not come up to
the standard provided by the City specifications.

Branches and Shrubbery. No owner or occupant of any land or
real property fronting or abutting on any of the streets or alleys
of this City shall suffer or permit any limbs, branches or other part
of any tree, shrub or bush to project over any sidewalk or sidewalks
in the City, unless any such branch or bush so projecting be higher
than seven and one-half (7-1/2) feet from the surface of the sidewalk.

Construction Purposes. When a sidewalk is in the process of
construction, reconstruction or has been condemned and it shall be
necessary to obstruct any sidewalk, then a sidewalk shall be built
temporarily around such obstructed sidewalk, said sidewalk to be not
less than four (4) feet wide and to be perfectly on the level and
its approach to be not on a greater slant than one (1) inch per foot
and to be built of good substantial material. The person, firm or
corporation constructing such temporary sidewalk must erect and maintain
proper barricades, warnings and lights, as provided in Section 11.04.

Vehicles, Chutes, etc. Subject to the provisions of Section
7.10(3) of this Code, no person, firm or corporation, their agent
or employee, shall obstruct or block any public sidewalk with a vehicle,
chute, ramp or by any other means that prevents free travel on said
sidewalk.

Notice to Non-Residents. In case any person violating any of
the provisions of this subsection is a nonresident of the City and
cannot be found, the City Engineer shall mail notice of the violation
to the last known address of such person; and, if such violation is
not corrected within twenty (20) days from mailing, the City Engineer
shall cause such work required by the notice to be done and the cost
shall be charged to the property on the next tax roll.

No person shall fill, grade or landscape sidewalk or curb areas
to a grade other than that established by a duly adopted street grade
ordinance of the City. "Sidewalk or curb area" is hereby defined to
include all that part of the dedicated highway between the abutting
property line and the main traveled portion of the highway.

Whenever any person shall violate the provisions of the preceding
paragraph, the City Engineer shall give written notice to the owner
of the property abutting the highway on which the provisions of the
preceding paragraph have been violated, to immediately fill, grade
or landscape the sidewalk or curb areas to the grade that has been
established by the Common Council within fifteen (15) days of the
date of notice. If the abutting property owner shall fail to comply
with the notice within the fifteen (15) day period, the City Engineer
shall fill, grade or landscape the sidewalk or curb areas to the grade
established and shall charge the cost thereof to the owner of the
abutting property. If the cost is not paid to the City Treasurer on
or before the 1st day of November following completion of the work
by the City, the City Engineer shall report such nonpayment to the
City Clerk who shall enter the cost on the tax roll as a special tax
against the abutting property, and the same shall be collected in
all respects as other City taxes.

On Improved Streets. No person shall obstruct the gutter or
any part thereof on any improved street by the construction, partly
or wholly within the gutter, of driveways or approaches to private
property abutting on such improved streets, or to obstruct the gutters
in any other manner.

Removal of Obstruction. It shall be the duty of the Director
of Public Works to forthwith cause the removal of all crossings or
other gutter obstructions wherever found on any improved or semi-improved
street.

The "gutter" is that portion of a street or pavement which forms
a depression or trough at the outer edge of the street or pavement
next to the curb or curb lines for the purpose of carrying off surface
water and providing drainage.

Permit Required. No person shall drive a vehicle, or any other
object, across any gutter, curb, sidewalk or sidewalk area, in the
City of West Allis, other than crossings known as driveways and constructed
as such, without a permit obtained as herein provided.

Application for Permit; Fees. Any person desiring any such permit
shall make application in writing to the Director of Public Works
upon blanks to be furnished by said Director.

A general contractor may secure a blanket permit for all subcontractors,
material men or service men, upon condition that such subcontractors,
material men and service men shall, for the purpose of this subsection,
be deemed his agents and said general contractor shall be held personally
liable for any violation of this subsection by any or all of such
agents.

The applicant shall indicate the exact location of the gutter,
curb, sidewalk or sidewalk area to be crossed and the weight of the
vehicle, or any other object to be used in effecting such crossing.

Issuance of Permit. If, in the judgment of the Director of Public
Works, the condition of such gutter, curb, sidewalk or sidewalk area,
is such that under proper safeguards the crossing can be made without
material damage to such gutter, curb, sidewalk or sidewalk area, the
Director shall issue a permit to the applicant or the persons designated
in the application to be the licensees, such permit to be in effect
for period not exceeding sixty (60) days, unless specifically renewed
by the Director and then only for another period of thirty (30) days.

Conditions of Permit. As a condition of the granting of such
permit, the applicant shall leave a cash deposit in such amount as
the Director of Public Works may direct, not to exceed the sum of
seventy-five dollars ($75). The whole or any part of said cash deposit
may be appropriated by the City of West Allis for any and all damages
done to its gutters, curbs, sidewalks or sidewalk areas; and, the
balance, if any, shall be returned to the licensee or to such person
as the licensee shall designate. Damages sustained by the City in
excess of the amount of such cash deposit shall not preclude the City
from collecting the balance of the actual damages sustained in a suit
at law.

If, in the judgment of the Director of Public Works, such crossing
of any gutter, curb, sidewalk or sidewalk area, cannot be made without
material damage thereto, the Director shall not issue such permit.

Use of Cross Planks. If a permit is so issued, the gutter, curb,
sidewalk or sidewalk area, shall be protected and covered with cross
planks, or similar material satisfactory to the Director of Public
Works. Such planks shall not be less than two (2) inches thick, not
less than eight (8) inches wide, and not less than twenty (20) feet
in length, and free from defects. The planks or protection shall extend
at least twelve (12) inches over and beyond such gutter, curb, sidewalk
or sidewalk area on each side thereof in such a manner as to prevent
damage to the edges of the protected material. Such temporary protection,
covering or planking shall be removed for a period of thirteen (13)
hours each day commencing at 6:00 P.M. and continuing until 7:00 A.M.
the following morning.

Indemnifying the City. The Director of Public Works is hereby
authorized to enter into a contract of indemnity with the applicant
for or on behalf of such applicant or the designated licensee, in
partial consideration for obtaining such permit, to hold the City
safe and harmless for any damages the City may sustain by reason of
any actionable defects caused by the applicant or licensee in connection
with effecting such crossing.

Inspectors to Report Violations. The duties of the Building,
Electrical and Plumbing Inspectors shall include the inspection and
reporting of violations of this subsection to the Director of Public
Works.

Construction and Repair. The provisions of Section 11.07 relating
to sidewalks, so far as applicable, are hereby adopted by reference
thereto and shall be complied with in the construction, improvement
and repair of driveways on improved streets and alleys.

Permits Required. It shall be unlawful to construct or have
constructed a driveway connecting with any improved or semi-improved
street or alley in the City without obtaining a permit to do so from
the City Engineer for one to three (3) family residences and from
the Board of Public Works for any other land use.

Width of Driveway. The width of the driveway shall be consistent
with the width of the side drive or attached garage, but in no case
greater than thirty (30) feet, except in industrial zoned areas where
a driveway may be of greater width when approved by the Board of Public
Works.

Permanent driveways shall be constructed of concrete or other
suitable material approved by the City Engineer on any improved street
or alley. No permanently improved driveway of concrete shall be constructed
on any unimproved street or alley.

Culvert to be installed. No driveway shall be constructed or
maintained connecting with any semi-improved street or alley, unless
a suitable culvert is first installed across the gutter of the semi-improved
street or alley where necessary for the public welfare. Such culverts
shall be constructed of reinforced concrete or corrugated steel pipe,
or other material approved by the City Engineer. The culverts shall
have a cross section of not less than that of a twelve (12) inch pipe.
The length of the culverts shall be fourteen (14) feet or more. Necessity
for a culvert shall be determined by the City Engineer.

Culvert Installations and Fees. An applicant shall be required
to deposit with the City Engineer a fee equal to the cost of the culvert
installation required. Culverts shall be installed under the direction
of the City Engineer before the driveway is constructed.

Culverts; Existing Driveways. Where the public welfare requires
a suitable culvert for an existing driveway, the Director of Public
Works shall notify, in writing, the property owner maintaining the
driveway across any gutter in any street or alley that the Director
will have a culvert installed by the City at the expense of the abutting
property and that said property owner shall deposit a sum in an amount
to be commensurate with the cost of installing said culvert within
ten (10) days from the date of said notice. The owner shall have the
right to appeal from the order to the Board of Public Works within
the ten (10) day period; otherwise, it shall become conclusive. In
the event that said deposit is not made, the Director shall have the
culvert installed and the cost thereof charged to the abutting property
owner. If the cost of installation is not paid to the City Treasurer
on or before the first day of November in the year in which the culvert
has been installed, the Director shall certify the cost to the City
Clerk who shall enter the same on the tax roll as special taxes against
the owner of the property, the same to be collected in all respects
as are other City taxes.

Expansion Joint Required. When concrete driveways are constructed,
they shall be separated from adjacent sidewalks or alley pavements
by a one inch (1") expansion joint material extending the full depth
and width of adjacent concrete. Expansion joint material shall be
a nonextruding type of material and shall conform to the requirements
for "Bituminous Fiber Type" expansion joint material, American Association
of State Highway Officials Designation M-59.

Cutting Electric Cables. Whenever, in constructing a driveway,
it becomes necessary to cut electric cables at the curb line, the
cost of cutting such cable, the laying of conduit and all other work
required to protect such cable shall be done at the expense of the
applicant for such permit and under the direction and supervision
of the Director of Public Works. No permit shall be granted until
after a deposit shall be made to the Director in the sum determined
by him to cover the cost of protecting such cable. The owner or contractor
shall notify the Public Works Department twenty-four (24) hours prior
to the placing of concrete in said driveway, in order to permit the
installation of electric cable conduit by the City.

Notifying Owner of Violation; Semi and Improved Streets and Alleys.
The provisions of this section are intended to cover all that territory
beyond the lot lines. Whenever there shall be a violation of these
provisions, the Director of Public Works shall order such driveways,
or as much thereof as shall be necessary, to be removed and, upon
the refusal of property owner, tenant, person, firm, corporation,
their agent or employee to do so, shall cause the same to be done
and charge the expense of removal to the property owner.

Construction Permit Required. It shall be unlawful for any person,
firm or corporation to construct, install or maintain any coal hole,
trap door, areaway grating, hyatt light, or glass prisms or covered
openings of any kind in any public sidewalk, street or alley without
first procuring a permit therefor from the Building Inspector.

The Building Inspector shall obtain the approval of the City
Engineer before any permit shall be issued covering the construction
or repair of any coal hole, trap door, areaway grating, hyatt light
or glass prisms or covered openings of any kind in any public sidewalk,
street or alley within the limits of the City of West Allis.

Permit Fee. The owner or owners of each piece of property for which
a permit is issued shall pay to the City Treasurer a fee for each
unit of space which shall be determined as follows: Each frontage
of the property, whether on a street or alley, shall be divided into
units of thirty (30) feet each, or fractions thereof if less than
complete units, in the space bounded by a straight line extending
from the boundaries of the lot line to the curb, which space shall
be considered a complete unit.

Repair and Maintenance. The Building Inspector shall notify the owners
or persons in charge of property to repair any of the things maintained
in subparagraph (1) hereof, which have become unsafe or out of repair.
If such notice is not complied with within five (5) days from receipt
thereof, the Building Inspector shall thereupon notify the City Engineer
who shall forthwith repair and make safe such things and charge the
cost thereof against the property for the benefit of which such things
were constructed or maintained and certify such charges in the proper
manner to have them levied as special assessments against such property.

Registration. Each service, utility service or right-of-way
user who occupies, uses, or seeks to occupy or use, the right-of-way,
including by lease, sublease or assignment, or who has, or seeks to
have, facilities (NOTE: "Facilities" means all equipment owned, operated,
leased or subleased in connection with the operation of a service
or utility service, or some other right-of-way use, and shall include
but is not limited to poles, wires, pipes, cables, underground conduits,
ducts, manholes, vaults, fiber optic cables, lines and other structures
and appurtenances.) located in any right-of-way shall register with
the City Engineer and pay the fee set forth in Section 11.11(3) of
this Code. Registration consists of providing application information
and paying a registration fee. This section shall not apply to those
persons exclusively utilizing facilities provided by another right-of-way
user.

Registration Prior to Work. No persons may construct, install,
repair, remove, relocate, or perform any other work on, or use any
facilities or any part thereof in any right-of-way without first being
registered with the City Engineer.

The name, address and email address, if applicable, and telephone
and facsimile numbers of a local representative. The local representative
or designee shall be available at all times. Current information regarding
how to contact the local representative in an emergency shall be provided
at the time of the registration.

All right-of-way users shall demonstrate to the satisfaction
of the City the financial capability to cover any liability that might
arise out of their presence in the right-of-way. If the person is
a corporation, a limited liability company or limited liability partnership,
a copy of any certificate required to be filed under Wisconsin Statutes
as recorded and certified to by the Secretary of State.

A copy of the person's certificate of authority from the
Public Service Commission of Wisconsin or other applicable state or
federal agency, where the person is lawfully required to have such
certificate from said Commission or other state or federal agency.

Annual Report to be Filed. Any person occupying or using in,
upon, or beneath the surface of any right-of-way within the City of
West Allis any facilities and/or underground construction, as herein
set forth, in pursuance of any permit, resolution, ordinance or franchise,
is hereby directed to file with the City Engineer complete drawings,
plans and profiles showing the location, character and extent of all
facilities and/or underground construction on or before the first
day of April each year.

Notice of Changes. The registrant shall keep all of the information
listed above current at all times by providing to the City Engineer
information as to changes within fifteen (15) days following the date
on which the registrant has knowledge of any change.

Annual Registration Fee. Each registrant shall annually renew
its registration or discontinue and properly abandon its facilities.
The City Engineer shall establish the registration fee in an amount
sufficient to recover the costs incurred by the City for processing
registrants. This fee shall be computed as the average of labor cost,
indirect costs, and other costs associated with the registration.

Special Right-of-Way Permit Required. Except as otherwise provided
in Section 11.11, or other Chapters of the Revised Municipal Code,
no person shall excavate, obstruct or occupy the right-of-way or place
facilities in a right-of-way without first obtaining a special right-of-way
permit [see Subsection 11.18(3)] from the City Engineer. No person
shall engage or continue in construction in the right-of-way beyond
the date or area specified in the permit, unless such person makes
application for a permit to perform such additional work before the
expiration of the initial permit.

Permit Display. A copy of any permit issued under Section 11.11
shall be made available at all times by the permittee (person to whom
a permit to excavate or occupy a right-of-way has been granted by
the City under Section 11.11) at the indicated work site and shall
be available for inspection by the City Engineer upon request.

If the proposed project involves the installation of poles or
towers the applicant shall submit scaled drawings of the poles or
towers and all proposed attachments. Details with descriptions of
all attachments shall be shown on submitted drawings.

The applicant shall submit drawings, plans and profiles identifying
in detail the location of the proposed project and any affected right-of-way,
public utility easements, and the location of all existing and proposed
facilities within the project area in addition to installation details.

If the proposed project involves the installation of poles or
towers in the right-of-way, the applicant must submit evidence sufficient
to demonstrate that the applicant is prohibited from using existing
poles or towers (either owned by the applicant or a third party) because
such use is technically infeasible, economically prohibitive, or prohibited
by law.

If the proposed project involves the installation of poles or
towers in the right-of-way that are greater than ten (10) feet taller
than existing poles or towers nearby in the right-of-way, the applicant
must submit evidence to demonstrate that:

The applicant is prohibited from using existing
poles or towers (either owned by applicant or a third party) to accomplish
its purposes because such use is technically infeasible, economically
prohibited, or prohibited by law; and

A certified check or cashier's check in an amount to be
determined by the City Engineer, payable to the City of West Allis.
This check will be returned after the proper restoration of the right-of-way
has been completed. The applicant must inform the City Engineer when
all restoration work has been completed and allow the City Engineer
three (3) business days for final inspection. This provision may be
waived by the City Engineer when circumstances deem it appropriate.

A statement that the applicant will comply with all local, state
and federal codes, including but not limited to safety, building,
traffic control codes and the Federal Highway Administration Manual
of Uniform Traffic Control Devices (MUTCD) and Wisconsin Supplement
to the Manual of Uniform Traffic Control Devices.

Right-of-Way Repair and Restoration. In addition to repairing its
own work, the permittee must restore the general area of the work
and the surrounding areas, including the paving and its foundations,
if any, to the specifications of the City. The City shall inspect
the area of the work and accept the work when it determines that proper
restoration has been made per specifications of the City.

Standards. The permittee shall perform repairs and restoration
according to the specifications and with the materials specified by
the City. The City shall have the authority to prescribe the manner
and extent of the restoration and may do so in written procedures
of general application or on a site-specific basis.

Guarantees. The permittee guarantees its work and shall maintain
it for thirty-six (36) months following its completion, except for
organic material, which shall be maintained for twelve (12) months.
During either period, the permittee shall, upon notification from
the City, correct all repair work to the extent completed within ten
(10) calendar days of the receipt of the notice from the City, not
including days during which work cannot be done because of circumstances
constituting force majeure.

Failure to Restore. If the permittee fails to restore the right-of-way
in the manner and to the condition required by the City or fails to
complete satisfactorily and timely all restoration required by the
City, the City at its option may do such work. In that event the permittee
shall pay to the City, within thirty (30) days of billing, the cost
of restoring the right-of-way. If the permittee fails to pay as required,
the City will apply the amount filed by the permittee under Subsection
11.11(5)(a)3b above to the cost of restoration and may exercise its
right to refuse future permits.

Site inspection. The permittee shall make the work site available
to the City and to all others as authorized by law for inspection
at all reasonable times during the execution of and upon completion
of the work.

Authority of City Engineer. At the time of inspection the City
may order the immediate cessation of any work which poses a threat
to the life, health, safety or well-being of the public. The City
may issue an order to the registrant for any work which does not conform
to the applicable standards, conditions or codes. The order shall
state that failure to correct the violation will be cause for revocation
of the permit. Within ten (10) days after issuance of the order, the
registrant shall present proof to the City Engineer that the violation
has been corrected. If such proof has not been presented within the
required time, the City may revoke the permit.

The applicant or permittee is seeking to perform work not included
in its permit application [see Section 11.11(5)] which work was reasonably
foreseeable by the applicant or permittee at the time said permit
was filed;

Appeals. Any person aggrieved by a decision to revoke, suspend
or refuse to issue a permit may file a request for review first with
the City Engineer and then with the Board of Public Works. A request
for review by the City Engineer shall be filed within ten (10) days
of the decision being appealed. An appeal to the Board shall be filed
within five (5) days of receipt of the City Engineer's determination.
The Board, in its discretion and depending on the circumstances, may
conduct a hearing. On appeal, the initial decision may be affirmed,
reversed or modified.

Except as prohibited by state or federal law, a registrant must
promptly and at its own expense, with due regard for seasonal working
conditions, permanently remove and relocate its facilities in the
right-of-way whenever the City Engineer requests such removal and
relocation, and shall restore the right-of-way to the same condition
it was in prior to said removal or relocation. The City Engineer may
make such request to prevent interference by the company's facilities:

Notwithstanding the foregoing, a registrant shall not be required
to remove or relocate its facilities from any right-of-way which has
been vacated in favor of a nongovernmental entity unless and until
the reasonable costs thereof are first paid to the registrant therefor.

Interference with Other facilities during Municipal Construction.
When the City performs work in the right-of-way and finds it necessary
to maintain, support, shore, or move a registrant's facilities,
the City shall notify the local representative. The registrant shall
meet with the City's representative within twenty-four (24) hours
and coordinate the protection, maintenance, supporting, and/or shoring
of the registrant's facilities. The registrant shall accomplish
the needed work within seventy-two (72) hours, unless the City agrees
to a longer period. In the event the registrant does not proceed to
maintain, support, shore, or move its facilities, the City may arrange
to do the work and bill the registrant, said bill to be paid within
thirty (30) days. The City may also impose alternate delay damage
charges.

Indemnification. By accepting a permit under Section 11.11, the person
or persons to whom a permit is issued agrees to indemnify, defend,
and hold harmless the City, its officers, boards, committees, commissions,
elected officials, employees and agents (collectively, "indemnified
parties") from and against all loss or expense (including liability
costs and attorney's fees) by reason of any claim or suit, or
of liability imposed by law upon an indemnified party for damages
because of bodily injury, including death, at any time resulting therefrom,
sustained by any person or persons or on account of damages to property,
including loss of use thereof, arising from, in connection with, caused
by or resulting from the person or persons to whom a permit is issued,
acts or omissions in exercise of its right under this permit, whether
caused by or contributed to by the City or its agents or employees.

Abandoned Facilities. Facilities of a registrant who fails to
comply with Section 11.11(13)(a), and which for two (2) years remain
unused, shall be deemed as abandoned. Abandoned facilities are deemed
to be a nuisance. In addition to any remedies or rights it has at
law or in equity, the City may, at its option (i) abate the nuisance,
(ii) take possession of the facilities, or (iii) require removal of
the facilities by the registrant, or the registrant's successor
in interest.

Reservation of Regulatory and Police Powers. The City, by the granting
of a permit to excavate, obstruct and/or occupy the right-of-way,
or by registering a person under Section 11.11, does not surrender
or to any extent lose, waive, or impair, the lawful powers and rights,
which it has now or may be hereafter granted to the City under the
Constitution and statutes of the State of Wisconsin to regulate the
use of the right-of-way by the permittee; and the permittee by its
acceptance of a permit to excavate, obstruct and/or occupy the right-of-way
or of registration under Section 11.11 agrees that all lawful powers
and rights, regulatory power, or police power, or otherwise as are
or the same may be from time to time vested in or reserved to the
City, shall be in full force and effect and subject to the exercise
thereof by the City at any time. A permittee or registrant is deemed
to acknowledge that its rights are subject to the regulatory and police
powers of the City to adopt and enforce general ordinances necessary
to the safety and welfare of the public and is deemed to agree to
comply with all applicable general law, and ordinances enacted by
the City pursuant to such powers.

Severability. If any section, subsection, sentence, clause, phrase,
or portion of Section 11.11 is for any reason held invalid or unconstitutional
by any court or administrative agency of competent jurisdiction, such
be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.

Duty to Remove. The owner of any premises shall remove and clear,
or cause to be removed and cleared, any snow or ice from the public
sidewalk in front of their premises, or other areas as indicated in
this Section.

If the owner of any premises shall fail to remove or clear the
snow or ice as provided in this Section, the Director of Public Works
and/or the Director of Building Inspection and Neighborhood Services
and/or their respective designee is authorized to remove and clear
the snow or ice.

The Director of Public Works and/or the Director of Building
Inspection and Neighborhood Services and/or their respective designee
is authorized to clear and remove the snow or ice from any public
sidewalk abutting or adjoining the premises of any person who, because
of physical disability, is unable to comply with the provisions of
this section.

The expense of snow or ice removal by the Director of Public
Works and/or the Director of Building Inspection and Neighborhood
Services and/or their respective designee, as herein provided, shall
be charged against the owner of the premises abutting or fronting
upon any such sidewalk and may be entered as a special tax against
such premises to be collected in all respects like other taxes upon
real estate, as provided in Sec. 66.0907(5) of the Wisconsin Statutes.

The Board of Public Works shall establish rules consistent with
this Section governing snow removal by the Director of Public Works
and/or the Director of Building Inspection and Neighborhood Services
and/or their respective designee and the charges to be assessed for
any such work.

Fire hydrants shall be cleared to allow full access around the
hydrant from the street. All properties within one hundred fifty (150)
feet of a fire hydrant shall be responsible for clearing the hydrant.

Casting Snow on Public Ways. No person shall plow, shovel or otherwise
deposit snow or ice, or cause snow or ice to be plowed, shoveled or
otherwise deposited, from private property or driveway approach between
the sidewalk and gutter line upon any street or alley pavement, sidewalk
or other public way in the City.

Any person who shall fail to comply with the provisions of this section
shall forfeit not less than two hundred dollars ($200) nor more than
five hundred dollars ($500) for each offense, together with the costs
of prosecution. In default of payment thereof, the person shall be
imprisoned in the Milwaukee County House of Correction until such
forfeiture and costs are paid, but not more than the number of days
set forth in Section 800.095(1)(b)1 of the Wisconsin Statutes. Each
and every day that an offense continues constitutes a separate offense.

Casting Snow on Private Property. No person shall plow, shovel, or
otherwise deposit snow or ice, or cause snow or ice to be plowed,
shoveled, or otherwise deposited from private property onto the property
of another without the consent of the landowner.

When ice cannot be removed due to thickness, temperature, compaction
or other factors, an abrasive material designed to prevent ice accumulation
such as salt or sand shall be used temporarily until the ice may be
removed. The abrasive surface shall be applied in a way to prevent
slipping on the ice and shall be maintained in sufficient amounts
until the ice may be removed or melts.

Definition. Parks and parklands shall include all lands currently
owned by the City of West Allis that are designated as parks, pocket
parks, green spaces or boulevards. Also included in the definition
is the terrace area between the curb and sidewalk or, in the absence
of a sidewalk, the curb and property line of every street and highway
within the City. The following are designated as parks:

Director of Public Works. Under the direction of the Board of Public
Works, the Director of Public Works shall have authority to manage,
change, improve and maintain said parks and parklands and, subject
to the approval of the Common Council, prepare and administer policies
and procedures for the preservation and use of City parks and parklands,
including, but not limited to, adopting rules of conduct and other
regulations and instituting a permit system for use of park facilities.

The Forestry Division of the Department of Public Works is responsible
for the planting of all trees and other plant material in City parks
and parklands in accordance with the policies and procedures of the
Department.

The owner, occupant or person in charge of each lot or parcel
of land shall maintain the terrace area between the walk and the curb
or, in the absence of a sidewalk, the area between the pavement and
the property line.

In lawn terrace areas, grass and weeds shall be maintained at
a height not to exceed six (6) inches in length. Noxious weeds shall
be destroyed as provided in sec. 66.0407(3) of the Wisconsin Statutes.
Such areas shall be kept in good condition and repair and free from
debris.

If the owner, occupant or person in charge of any property fails
to maintain the terrace area abutting their property as provided in
Paragraphs "a" and "b", the Director of Public Works or his designated
agent, after giving five (5) days written notice to the owner, occupant
or person in charge of the property, is authorized to perform the
required maintenance. The cost of such maintenance shall be charged
against the owner of the property as provided is sec. 66.0703 of the
Wisconsin Statutes.

In any one (1) calendar year, where, on private property, the
Director has authorized required maintenance, as described in Subsection
2c above, subsequent required maintenance shall not require a five
(5) day written notice prior to the Director again authorizing the
performance of maintenance on said property.

No person shall plant, cut, prune, or remove any tree or shrub
in a City park or parkland or cut, disturb or interfere in any way
with the roots of any tree or spray trees or shrubs with any chemical
herbicide or insecticide in a City park or parkland, without first
receiving permission from the Director of Public Works. Such permission
is not required for the use of products associated with the maintenance
of turf in the area between the pavement and adjacent property line.

Such systems shall be so installed as not to interfere with any public
works or improvements and shall be installed and operated in such
a manner as not to create a nuisance or hazard to pedestrians and
vehicles.

As a condition to the granting of a permit, the applicant agrees
that no liability shall accrue to the City as a result of damages
from construction, reconstruction, repair, snow plowing or related
activities by the City or its agents within the public way.

The City Engineer may direct the removal of a sprinkling system from
the public way. Such removal shall be at the expense of the owner.
If the order to remove a sprinkling system is not complied with within
thirty (30) days, the Board of Public Works is authorized to effect
the removal and the cost thereof shall be assessed against the abutting
property and entered on the tax roll as a special charge.

Whenever the Common Council shall determine that any real estate,
personal property or thing of value which has an apparent value of
five hundred dollars ($500), or more, should be sold, transferred
or otherwise disposed of for value, it shall be the duty of the Board
of Public Works to solicit bids by advertising for the same once a
week for two (2) weeks in the official newspaper. Exception: The provisions
of this section shall not apply to a sale where:

The Common Council decides, by resolution adopted by the affirmative
vote of at least three-fourths (3/4) of the members of the council
voting, that it is in the public interest that the sale be made without
bids.

Report of City Plan Commission. All proposed annexations shall be
referred to the Plan Commission or a Committee of the Common Council
for study. It shall be the duty of the Plan Commission, or said Committee,
to render a detailed report on each proposed annexation, setting forth
a census of the school children in the proposed area, the school accommodations
available for said children, public improvements to be required in
said area, the cost of said public improvements, the added burden
to be imposed in each City Department, the capacity of each City Department
to absorb such added burden and any and all increased costs which
shall accrue to the City by virtue of the proposed annexation. The
report shall also set forth any and all benefits, monetary and otherwise,
which shall accrue to the City by virtue of the proposed annexation.
The Plan Commission, or designated Committee, shall endeavor to give
the Common Council a complete picture of all the advantages and disadvantages
of each proposed annexation so as to enable the Common Council to
act with full knowledge of all pertinent facts and in a manner consistent
with the best interest of the City of West Allis.

Cooperation of City Officials. It shall be the duty of each Department
head and employee to give full assistance to the Plan Commission or
designated Committee in the preparation of the annexation report referred
to in this section.

The City Engineer shall have authority to grant privileges for minor
obstructions beyond the lot line as provided in Sec. 66.0425, Wisconsin
Statutes. “Minor” encroachments, by way of illustration,
are such things as signs, canopies, fences, trees, bushes, flowers
and landscaping. Where such minor encroachments, in the opinion of
the City Engineer, do not project into or over the portion of the
right-of-way commonly used by the traveling public or otherwise present
a danger to those who use the right-of-way, the City Engineer may
determine that no encroachment permit is required. The City Engineer
shall not require an encroachment permit for structures erected by
the City within the right-of-way.

The Board of Public Works shall have authority to grant privileges
for major obstructions beyond the lot line as provided in sec. 66.0425,
Wisconsin Statutes. "Major" encroachments, by way of illustration,
are such things as concrete paving or steps and brickwork.

The Common Council shall have the authority to grant privileges for
structural obstructions beyond the lot line as provided in sec. 66.0425,
Wisconsin Statutes. "Structural" encroachments, by way of illustration,
are those which involve structural additions to or elevations of buildings.

To avoid conflicts with snowplow equipment and other vehicular
traffic, mail/news boxes and the associated support structures shall
be located at least six (6) inches behind the face of the curb or,
in the absence of a curb, six (6) inches behind the road shoulder.

A single four inch by four inch (4"x4") square or four inch
(4") diameter wooden post or a metal post with a strength no greater
than a two inch (2") diameter standard steel pipe and embedded no
more than twenty-four inches (24") into the ground will be acceptable
as a mailbox support.

Prior
to granting an encroachment privilege, the City Engineer shall ensure
that the requirements of Policy 2822 have been met and continue to
be met during the existence of the encroachment. The City Engineer
and City Attorney are authorized to take all legal and/or equitable
measures to ensure compliance with the requirements of this section
or removal of the encroachment.

The
forfeiture amounts in Section 11.17 of the Revised Municipal Code
notwithstanding, any person violating this section or failing to comply
with the duties and requirements stated therein or with the requirements
of Policy 2822 shall forfeit not less than twenty-five dollars ($25)
nor more than five hundred dollars ($500) for each day of violation.

Any person violating any of the provisions of this chapter or failing to comply with any of the duties or requirements stated therein, except the provisions hereinafter specified in Subsections (2) and (3) of this section, shall be fined not less that twenty-five dollars ($25) nor more than two hundred fifty dollars ($250), together with costs of prosecution and, in default of payments thereof, shall be imprisoned in the House of Correction until such fine and costs are paid, not to exceed sixty (60) days. Where the violation consists of failing to do a required act, each day shall be regarded as a separate offense.

Any person violating any of the provisions of Sections 11.06, 11.11
and 11.14 of this Chapter, or failing to comply with any of the duties
or requirements stated therein, shall be fined not to exceed one hundred
dollars ($100), together with the costs of prosecution and, in default
of payment thereof, shall be imprisoned in the House of Correction
until such fine and costs are paid, not to exceed ninety (90) days.

Authority. This ordinance is adopted by the Common Council under
the authority granted by § 62.234, Wis. Stats. This ordinance
supersedes all provisions of an ordinance previously enacted under
§ 62.23, Wis. Stats., that relate to stormwater management
regulations.

Findings of Fact. The Common Council finds that uncontrolled, post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:

Diminish the capacity of lakes and streams to support fish,
aquatic life, recreational and water supply uses by increasing pollutant
loading of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.

Purpose. This ordinance integrates federal and state construction
post-construction site stormwater water quality standards with duties
to reasonably manage the quantity of water run-off for regional flood
abatement. This chapter implements the Milwaukee Metropolitan Sewerage
District rules on release rates for new development and or redevelopment,
to reduce the probability of increased regional floods.

The water quality management duties apply to property development/redevelopment as required by Wisconsin Department of Natural Resources NR 151, and the water quantity management duties apply to development/redevelopment sites as required by Milwaukee Metropolitan Sewerage District Chapter 13 rules.

Notwithstanding the applicability requirements in Paragraph
(a), this ordinance applies to post-construction sites of any size
that, in the opinion of the City Engineer, are likely to result in
runoff that exceeds the capacity of the existing drainage facilities
or the level of flooding protection in a watercourse, causes undue
channel erosion, increases water pollution by scouring or the transportation
of particulate matter or that endangers property or public safety.

Comity. State agencies should design and incorporate best management
practices for surface water quality and stormwater quantity management
for new impervious surfaces. The runoff management techniques should
be the same as flood abatement plans and techniques utilized by local
governments in the watershed. The lead agency preparing an environmental
assessment for a federal or state project shall identify the mitigating
runoff management techniques to prevent increases in peak flood flows
from new impervious areas.

"Financial guarantee" means a performance bond, maintenance
bond, surety bond, irrevocable letter of credit, or similar guarantees
submitted to the City Engineer by the responsible party to assure
that requirements of the ordinance are carried out in compliance with
the stormwater management plan.

"Land-disturbing construction activity" means any man-made alteration
of the land surface resulting in a change in the topography or existing
vegetative or nonvegetative soil cover, that may result in runoff
and lead to an increase in soil erosion and movement of sediment into
waters of the state. Land-disturbing construction activity includes
clearing and grubbing, demolition, excavating, pit trench dewatering,
filling and grading activities.

"Stormwater management plan" means a comprehensive plan designed
to reduce the discharge of pollutants from stormwater after the site
has undergone final stabilization following completion of the construction
activity.

"Water quality management" means the stormwater standards and
duties established under the Clean Water Act, 33 U.S.C. § 1251
et seq., parallel state law regulating the discharge of pollutants,
and implementing regulations.

Technical Standards. The following methods shall be used in designing
the water quality, peak flow shaving and infiltration components of
stormwater practices needed to meet the requirements of this ordinance:

Where technical standards have not been identified or developed
by the Wisconsin Department of Natural Resources, other technical
standards may be used, provided that the Director of Building Inspection
and Neighborhood Services or the City Engineer has approved the methods.

The rainfall data from the National Oceanic and Atmospheric
Administration (NOAA) Atlas 14 Precipitation - Frequency Atlas of
the United States, Volume 8 (Midwestern States), published in 2013,
or more protective data shall be the basis for the analyses required
by this ordinance for water quantity analysis.

Total Suspended Solids. BMPs shall be designed, installed and
maintained to control total suspended solids carried in runoff from
the post-construction site as defined by the Wisconsin Department
of Natural Resources under Chapter NR 151, Wis. Adm. Code.

When implemented on a watershed basis, the BMPs implemented
at a particular site shall comply with the findings of the relevant
local or regional stormwater management plan, rather than Subdivisions
4 and 5.

Alternate Requirements. The Director of Building Inspection
and Neighborhood Services or the City Engineer may establish stormwater
management requirements more stringent than those set forth in this
section if the City Engineer determines that an added level of protection
is needed to protect sensitive resources.

Permit Required. No responsible party may undertake a qualifying
land-disturbing construction activity without a Stormwater Management
Plan approved by the Director of Building Inspection and Neighborhood
Services or the City Engineer prior to commencing the proposed activity.
A Stormwater Permit shall be issued by the Director of Building Inspection
and Neighborhood Services or the City Engineer upon the satisfactory
installation of the approved stormwater management system.

Permit Application and Fees. Any responsible party desiring
a permit shall submit to the Director of Building Inspection and Neighborhood
Services or the City Engineer a Stormwater Management Plan as described
in Subsection (9). The fee for the Stormwater Permit shall be determined
by the plan review cost to the City.

Within twenty (20) business days of the receipt of a complete
stormwater management plan, the Director of Building Inspection and
Neighborhood Services or the City Engineer shall inform the applicant
whether the plan and maintenance agreement are approved or disapproved
based on the requirements of this ordinance.

If the stormwater management plan is approved, the Director
of Building Inspection and Neighborhood Services or the City Engineer
shall grant permission to proceed with obtaining required Building
Permits.

If the stormwater permit application, plan or maintenance agreement
is disapproved, the Director of Building Inspection and Neighborhood
Services or the City Engineer shall detail in writing the reasons
for disapproval.

The Director of Building Inspection and Neighborhood Services
or the City Engineer may request additional information from the applicant.
If additional information is requested, the City Engineer shall have
the option to restart the review time from the time of receiving the
complete plan.

Failure by the Director of Building Inspection and Neighborhood
Services or the City Engineer to inform the permit applicant of a
decision within twenty (20) business days of a complete submittal
shall be deemed an approval of the submittal and the applicant may
proceed as if a permit had been issued.

Permit Requirements. All permits issued under this ordinance
shall be subject to the following conditions, and holders of permits
issued under this ordinance shall be deemed to have accepted these
conditions. The Director of Building Inspection and Neighborhood Services
or the City Engineer may suspend or revoke a permit for violation
of a permit condition, following written notification of the responsible
party. An action to suspend or revoke this permit may be appealed
in accordance with Subsection (14).

The responsible party shall design and install all structural
or identify nonstructural stormwater management measures, or both,
in accordance with the approved stormwater management plan and this
permit.

The responsible party shall notify the Director of Building
Inspection and Neighborhood Services at least five (5) business days
before commencing any work in conjunction with the stormwater management
plan, and within five (5) business days upon completion of the stormwater
management practices. If required as a special condition under Subsection
(8)(e), the responsible party shall make additional notification according
to a schedule set forth by the Director of Building Inspection and
Neighborhood Services, so that practice installations can be inspected
during construction.

Practice installations required as part of this ordinance shall
be certified "as built." Completed stormwater management practices
must pass a final inspection by the Director of Building Inspection
and Neighborhood Services or its designee to determine if they are
in accordance with the approved stormwater management plan and ordinance.
The Director of Building Inspection and Neighborhood Services or its
designee shall notify the responsible party in writing of any changes
required in such practices to bring them into compliance with the
conditions of this permit.

The responsible party shall maintain all stormwater management
practices until the responsibility is transferred to the Common Council,
or subsequent private owners as specified in the approved maintenance
agreement.

The responsible party authorizes the Director of Building Inspection
and Neighborhood Services or the City Engineer to perform any work
or operations necessary to bring stormwater management measures into
conformance with the approved stormwater management plan, and consents
to a special assessment or charge against the property as authorized
under Subch. VII of Ch. 66, Wis. Stats., or to charging such costs
against the financial guarantee posted under Subsection (11).

If so directed by the Director of Building Inspection and Neighborhood
Services or the City Engineer, the responsible party shall repair
at the responsible party's own expense all damage to adjoining
municipal facilities and drainageways caused by runoff, where such
damage is caused by activities that are not in compliance with the
approved stormwater management plan.

The responsible party shall permit property access to the Director
of Building Inspection and Neighborhood Services or the City Engineer
or its designee for the purpose of inspecting the property for compliance
with the approved stormwater management plan and this permit.

Where site development or redevelopment involves changes in
direction, increases in the peak rate or the total volume of runoff,
the Director of Building Inspection and Neighborhood Services or the
City Engineer may require the responsible party to make appropriate
legal arrangements with affected property owners concerning the prevention
of endangerment to property or public safety.

Permit Conditions. Permits issued under this subsection may
include reasonable and necessary conditions established by Director
of Building Inspection and Neighborhood Services or the City Engineer
in addition to the requirements needed to meet the performance standards
in Subsection (7) or a financial guarantee as provided for in Subsection
(11).

Permit Duration. Permits issued under this section shall be
valid from the date of issuance through the date the Director of Building
Inspection and Neighborhood Services or the City Engineer notifies
the responsible party that all stormwater management practices have
passed the final inspection required under Subsection (8)(d)3.

Name, address, and telephone number for the following or their
designees: landowner; developer; project engineer for practice design
and certification; person(s) responsible for installation of stormwater
management practices; and person(s) responsible for maintenance of
stormwater management practices prior to the transfer, if any, of
maintenance responsibility to another party.

One or more site maps at a scale of not less than one (1) inch
equals one hundred (100) feet. The site maps shall show the following:
site location and legal property description; predominant soil types
and hydrologic soil groups; existing cover type and condition; topographic
contours of the site at a scale not to exceed two (2) feet; topography
and drainage network including enough of the contiguous properties
to show runoff patterns onto, through, and from the site; watercourses
that may affect or be affected by runoff from the site; flow path
and direction for all stormwater conveyance sections; watershed boundaries
used in hydrology determinations to show compliance with performance
standards; lakes, streams, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site; limits of the
regional flood (the one-percent probability storm event) floodplain;
location of wells and wellhead protection areas covering the project
area and delineated pursuant to § NR 811.16, Wis. Adm. Code.

Hydrology and pollutant loading computations as needed to show
compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map(s).

One (1) or more site maps at a scale of not less than one (1)
inch equals one hundred (100) feet showing the following: post-construction
pervious areas including vegetative cover type and condition; impervious
surfaces including all buildings, structures, and pavement; post-construction
topographic contours of the site at a scale not to exceed two (2)
feet; post-construction drainage network including enough of the contiguous
properties to show runoff patterns onto, through, and from the site;
locations and dimensions of drainage easements; locations of maintenance
easements specified in the maintenance agreement; flow path and direction
for all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain,
or natural drainageway; watershed boundaries used in hydrology and
pollutant loading calculations and any changes to lakes, streams,
wetlands, channels, ditches, and other watercourses on and immediately
adjacent to the site.

Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).

Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures. Detailed
drawings including cross-sections and profiles of all permanent stormwater
conveyance and treatment practices.

Other information requested in writing by the Director of Building
Inspection and Neighborhood Services or the City Engineer to determine
compliance of the proposed stormwater management measures with the
provisions of this ordinance.

All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this ordinance.

Maintenance Agreement Required. The maintenance agreement required
under Subsection (8)(c)1 and 3 for stormwater management practices
shall be an agreement between the Director of Building Inspection
and Neighborhood Services and the responsible party to provide for
maintenance of stormwater practices beyond the duration period of
this permit. The maintenance agreement shall be filed with the County
Register of Deeds as a property deed restriction so that it is binding
upon all subsequent owners of the land served by the stormwater management
practices.

Identification of the responsible party(s), organization or
city, county, town or village responsible for long-term maintenance
of the stormwater management practices identified in the stormwater
management plan required under Subsection (8)(b).

Authorization for the Director of Building Inspection and Neighborhood
Services or the City Engineer, its designee to access the property
to conduct inspections of stormwater management practices as necessary
to ascertain that the practices are being maintained and operated
in accordance with the agreement.

Agreement that the party designated under Paragraph (b)3, as
responsible for long-term maintenance of the stormwater management
practices, shall be notified by the Director of Building Inspection
and Neighborhood Services or the City Engineer of maintenance problems
which require correction. The specified corrective actions shall be
undertaken within a reasonable time frame as set by the Director of
Building Inspection and Neighborhood Services or the City Engineer.

Authorization of the Director of Building Inspection and Neighborhood
Services or the City Engineer to perform the corrected actions identified
in the inspection report if the responsible party designated under
Paragraph (b)3 does not make the required corrections in the specified
time period. The Director of Building Inspection and Neighborhood
Services or the City Engineer shall enter the amount due on the tax
rolls and collect the money as a special charge against the property
pursuant to Subch. VII of Ch. 66, Wis. Stats.

Establishment of the Guarantee. The Director of Building Inspection
and Neighborhood Services or the City Engineer may require the submittal
of a financial guarantee, the form and type of which shall be acceptable
to the Director of Building Inspection and Neighborhood Services or
the City Engineer. The financial guarantee shall be in an amount determined
by the Director of Building Inspection and Neighborhood Services or
the City Engineer to be the estimated cost of construction and the
estimated cost of maintenance of the stormwater management practices
during the period which the designated party in the maintenance agreement
has maintenance responsibility. The financial guarantee shall give
the Director of Building Inspection and Neighborhood Services or the
City Engineer the authorization to use the funds to complete the stormwater
management practices if the responsible party defaults or does not
properly implement the approved stormwater management plan, upon written
notice to the responsible party by the Director of Building Inspection
and Neighborhood Services or the City Engineer that the requirements
of this ordinance have not been met.

The Director of Building Inspection and Neighborhood Services
or the City Engineer shall release the portion of the financial guarantee
established under this section, less any costs incurred by the Director
of Building Inspection and Neighborhood Services or the City Engineer
to complete installation of practices, upon submission of "as built
plans" by a licensed professional engineer. The Director of Building
Inspection and Neighborhood Services or the City Engineer may make
provisions for a partial pro-rata release of the financial guarantee
based on the completion of various development stages.

The Director of Building Inspection and Neighborhood Services
or the City Engineer shall release the portion of the financial guarantee
established under this section to assure maintenance of stormwater
practices, less any costs incurred by the Director of Building Inspection
and Neighborhood Services or the City Engineer at such time that the
responsibility for practice maintenance is passed on to another entity
via an approved maintenance agreement.

Fee Schedule. The fees referred to in other sections of this ordinance
shall be established by the Director of Building Inspection and Neighborhood
Services or the City Engineer and may from time to time be modified
by resolution. A schedule of the fees established by the City Engineer
shall be available for review in the City Engineering Department.

This section establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the Wisconsin Pollutant Discharge
Elimination System (WPDES) permit process.

Applicability. This ordinance shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by the Director of Building Inspection
and Neighborhood Services or the City Engineer.

Responsibility for Administration. The Director of Building
Inspection and Neighborhood Services or the City Engineer shall administer,
implement, and enforce the provisions of this ordinance. Any powers
granted or duties imposed upon the Director of Building Inspection
and Neighborhood Services or the City Engineer may be delegated to
persons or entities acting in the beneficial interest of or in the
employ of the City.

No person shall discharge or cause to be discharged into the
municipal storm sewer system or watercourses any materials, including
but not limited, to pollutants or waters containing any pollutants
that cause or contribute to a violation of applicable water quality
standards, other than stormwater.

The prohibition shall not apply to any non-stormwater discharge
permitted under an WPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
Wisconsin Department of Natural Resources, provided that the discharger
is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm drain
system.

Illicit Connection Prohibitions. The construction, use, maintenance,
or continued existence of illicit connections to the storm drain system
is prohibited. This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.

Suspension due to Illicit Discharges in Emergency Situations.
The Director of Building Inspection and Neighborhood Services or the
City Engineer may, without prior notice, suspend MS4 discharge access
to a person when such suspension is necessary to stop an actual or
threatened discharge that presents or may present imminent and substantial
danger to the environment, or to the health or welfare of persons,
or to the MS4 or Waters of the State of Wisconsin. If the violator
fails to comply with a suspension order issued in an emergency, the
Director of Building Inspection and Neighborhood Services or the City
Engineer may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or Waters of the State of Wisconsin, or to minimize
danger to persons.

Suspension due to the Detection of Illicit Discharge. Any person
discharging to the MS4 in violation of this ordinance may have their
MS4 access terminated if such termination would abate or reduce an
illicit discharge. The Director of Building Inspection and Neighborhood
Services or the City Engineer notify a violator of the proposed termination
of its MS4 access. The violator may petition the Director of Building
Inspection and Neighborhood Services or the City Engineer for a reconsideration
and hearing.

The Director of Building Inspection and Neighborhood Services
or the City Engineer shall be permitted to enter and inspect facilities
subject to regulation under this ordinance as often as may be necessary
to determine compliance with this ordinance.

Facility operators shall allow the Director of Building Inspection
and Neighborhood Services or the City Engineer ready access to all
parts of the premises for the purposes of inspection, sampling, examination
and copying of records that must be kept under the conditions of a
WPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law.

Unreasonable delay in allowing the Director of Building Inspection
and Neighborhood Services or the City Engineer access to a permitted
facility is a violation of a stormwater discharge permit and of this
ordinance. A person who is the operator of a facility with a WPDES
permit to discharge stormwater associated with industrial activity
commits an offense if the person denies the Director of Building Inspection
and Neighborhood Services or the City Engineer reasonable access to
the permitted facility for the purpose of conducting any activity
authorized or required by this ordinance.

If the Director of Building Inspection and Neighborhood Services
or the City Engineer has been refused access to any part of the premises
from which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this ordinance,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with
this ordinance or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the Director
of Building Inspection and Neighborhood Services or the City Engineer
may seek issuance of a search warrant from any court of competent
jurisdiction.

Requirement To Prevent, Control, and Reduce Stormwater Pollutants
by the Use of Best Management Practices. The owner or operator of
a commercial or industrial establishment shall provide, at their own
expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal storm drain system or
watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises,
may be required to implement, at said person's expense, additional
structural and nonstructural BMPs to prevent the further discharge
of pollutants to the municipal separate storm sewer system.

Watercourse Protection. Every person owning property through
which a watercourse passes, or such person's lessee, shall keep
and maintain that part of the watercourse within the property free
of trash, debris, excessive vegetation, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through
the watercourse. In addition, the owner or lessee shall maintain existing
privately owned structures within or adjacent to a watercourse, so
that such structures will not become a hazard to the use, function,
or physical integrity of the watercourse.

Notification of Spills. Notwithstanding other requirements of
law, as soon as any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation
has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging
into stormwater, the storm drain system, or water of the State of
Wisconsin said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials, said person shall immediately
notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of nonhazardous materials,
said person shall notify the Director of Building Inspection and Neighborhood
Services or the City Engineer in person or by phone or facsimile no
later than the next business day. Notifications in person or by phone
shall be confirmed by written notice addressed and mailed to the Director
of Building Inspection and Neighborhood Services or the City Engineer
within three (3) business days of the phone notice. If the discharge
of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three (3)
years.

Any land-disturbing construction activity, post-construction
runoff, or illicit discharge initiated after the effective date of
this ordinance by any person subject to the ordinance provisions shall
be deemed a violation unless conducted in accordance with the requirements
of this ordinance.

The Director of Building Inspection and Neighborhood Services
or the City Engineer shall notify the responsible party of any noncomplying
land-disturbing construction activity, post-construction runoff, or
illicit discharge. The notice shall describe the nature of the violation,
remedial actions needed, a schedule for remedial action, or additional
enforcement action that may be taken. Any technique that effectively
provides actual and verifiable notice may be used.

If the violations are likely to result in damage to properties,
public facilities, or waters of the state, the Director of Building
Inspection and Neighborhood Services or the City Engineer may enter
the land and take corrective actions necessary to prevent such damage.
The costs incurred by the Director of Building Inspection and Neighborhood
Services or the City Engineer plus interest and legal costs shall
be paid by the responsible party.

If the Director of Building Inspection and Neighborhood Services
or the City Engineer determines that any person is in violation of
this ordinance or a stormwater permit, the Director of Building Inspection
and Neighborhood Services or the City Engineer may issue a notice
of violation, a stop-work order, a cease and desist order, or revoke
the permit, or refer the noncompliance to the City Attorney for civil
enforcement, penalties, injunctive orders or other appropriate relief.

Every violation of this ordinance is a public nuisance. Any
person who violates this ordinance shall be subject to a forfeiture
of not less than ten dollars ($10.) or more than ten thousand dollars
($10,000.) per offense, together with the costs of prosecution. Each
day each violation continues shall constitute a separate offense.

When the Director of Building Inspection and Neighborhood Services
or the City Engineer determines that the holder of a permit issued
pursuant to this ordinance has failed to follow practices, has failed
to comply with schedules in a stormwater management plan, or has failed
to comply with the terms of the illicit discharge suspension, the
Director of Building Inspection and Neighborhood Services or the City
Engineer or a party designated by the Director of Building Inspection
and Neighborhood Services or the City Engineer may enter upon the
land and perform the work or other operations necessary to bring the
condition of said lands approved plan. The Director of Building Inspection
and Neighborhood Services or the City Engineer shall keep a detailed
accounting of the costs and expenses of performing this work. These
costs and expenses shall be deducted from any financial security posted
pursuant to Subsection (11) of this ordinance. Where such a security
has not been established, or where such a security is insufficient
to cover these costs, the costs and expenses shall be entered on the
tax roll as a special charge against the property and collected with
the property taxes.